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[Cites 2, Cited by 1]

Karnataka High Court

Jagadish K Hiremath vs The State Of Karnataka on 13 June, 2019

Bench: L.Narayana Swamy, R Devdas

                             1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 13TH DAY OF JUNE, 2019

                       :PRESENT:

     THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY

                          AND

          THE HON'BLE MR. JUSTICE R.DEVDAS

       WRIT PETITION NOs.6809-6827/2018(S-KSAT)
                          C/W
          WRIT PETITION NOs.17738-17744/2018,
     27246/2018,30362-30378/2018,40505-40509/2018
                        (S-KSAT)

IN W.P. NOs.6809-6827/2018

BETWEEN

1.     JAGADISH K HIREMATH
       S/O KOTTRAYYA,
       AGED ABOUT 55 YEARS,
       PHYSICAL AND ED.INSTRUCTOR,
       O/O G.P.U.COLLAGE,
       KARAJAGI,TQ:HAVERI,
       DIST:HAVERI-581 110

2.     NARASIMHA A KULKARNI
       S/O ANANT RAO,
       AGED ABOUT 57 YEARS,
       HINDI TEACHER,
       WORKING G.H.S.ARULESHWAR,
       TQ:HANAGAL,
       DIST:HAVERI-581 104

3.     SURESH A
       S/O SHIVALINGAPPA,
       AGED ABOUT 55 YEARS,
       WORKING AS-GRADE II TEACHER
       JUNIOR COLLEGE, AT BANAVALLI
       HARIHAR TALUK,
       DIST:DAVANAGERE-577 601
                             2




4.   CHANDRASHEKAR GOWDA PATIL
     S/O SOMANNAGOWDA,
     AGED ABOUT 55 YEARS,
     G.H.S.KUNNAR,
     SHIGGAVI TALUK,
     DIST:HAVERI-581 205

5.   AYUBKHAN G KULKARNI
     S/O GOUSE KHAN,
     AGED ABOUT 52 YEARS,
     GOVERNMENT HIGH SCHOOL,
     KALENUR,
     TQ:HAVERI,
     DIST:HAVERI-581 110

6.   SHABBIR ALI SAB NABI SAB NADAF
     S/O NABI SAB NADAF,
     AGED ABOUT 58 YEARS,
     BASAWESHWARA GOVERNMENT,
     HIGH SCHOOL,CHIKKALINGADAHALLI
     HAVERI TALUK & DISTRICT-581 110

7.   SHIVLINGAPPA V BENAKANAKOND
     S/O VIJJJANAGOWDAR,
     AGED ABOUT 67 YEARS,
     RTD.TEACHER,
     GOVERNMENT HIGH SCHOOL,
     HINDI TEACHER,
     GUDIHENNALI,
     TQ:RANEBENNUR,
     DIST:HAVERI
     R/O III MAIN,4TH CROSS,
     GOWRISHANKARA NAGAR,
     RENEBENNUR,
     TQ & DIST HAVERI-581 115

8.   BASAVANNEPPA H KAMMAR
     S/O HANAMANTAPPA,
     AGED ABOUT 65 YEARS,
     RTD.TEACHER,
     GOVT.HIGHER PRIMARY SCHOOL,
     MAKANUR,RANIBENNUR TALUK,
     HAVERI DISTRICT-581 115

9.   RACHAPPA C BANGI
     S/O CHANNAPPA,
     AGED ABOUT 66 YEARS,
     G.H.S.TASLAGHATTA,
     KANDAGOL TALUK,
     DIST:DHARWAD-581 113
                            3




10.   NANDEESHWARIAH N M
      S/O GURUSHANTAPPA,
      AGED ABOUT 65 YEARS,
      G.H.S.KOKKANUR,
      TQ:HARIHARA,
      DIST:DAVANAGERE-577 601

11.   KALAVEERAPPA M MAHANTESHETTI
      S/O MAHADEVAPPA,
      AGED ABOUT 64 YEARS,
      ASST TEACHER,
      HAVERI,
      R/O SHIVAHASAVA NAGAR,
      HAVERI-581 110

12.   SMT PREMALEELA H PATIL
      W/O HANUMANT GOWDA PATIL,
      AGED ABOUT 63 YEARS,
      GOVERNMENT HIGH SCHOOL,
      TAVAREGI,HIREKERURU TALUK,
      DIST:HAVERI,
      NOW AT VIDYA NAGAR,
      II CROSS,HAVERI
      DIST HAVERI-581 110

13.   MAHANTAPPA S TAVARI
      S/O SHIVAPPA,
      AGED ABOUT 63 YEARS,
      GOVERNMENT HIGH SCHOOL,
      KANNAVALLI,
      ASST.TEACHER
      TQ & DIST HAVERI-581 110

14.   PANDURANGA H DAMODAR
      S/O HANUMANTAPPA,
      AGED ABOUT 63 YEARS,
      HINDI TEACHER,
      GOVERNMENT HIGH SCHOOL,
      MARUL,
      TQ & DIST:HAVERI-581 110

15.   VEERESH S SHANKIN
      S/O SIDDALINGAIAH,
      AGED ABOUT 62 YEARS,
      GOVERNMENT HIGH SCHOOL,
      CRAFT TEACHER,
      KATENAHALLI,
      TQ & DIST-HAVERI-581 110
                             4




16.   HEMAYYA C KUDLUMATH
      S/O CHANDRASHEKARAYYA,
      AGED ABOUT 62 YEARS,
      GOVERNMENT HIGH SCHOOL,
      TQ:HIREKERURE,
      DIST:HAVERI-581 111

17.   MAHADEVAPPA B SANDYAL
      S/O BASANDYAL,
      AGED ABOUT 59 YEARS,
      C.P.ED.,
      GOVERNMENT HIGH SCHOOL,
      BENAKANAKERE,
      TQ:RANEBENNUR,
      DIST:HAVERI-581 115

18.   MADHAVA K KHARAD
      S/O KRISHNAPPA,
      AGED ABOUT 61 YEARS,
      HINDI TEACHER,
      GPO COLLEGE,
      KABBUR
      TQ & DIST HAVERI-581 110

19.   PRAKASH T KULKARNI
      S/O THIPPAJI KULKARNI
      AGED ABOUT 68 YEARS,
      GOVERNMENT HIGH SCHOOL
      BASANAL POST,
      SHIGGAV (TQ)
      HAVERI DISTRICT-581 205
                                        ... PETITIONERS
(BY SRI S P KULKARNI, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      BY SECRETARY-II,
      DEPARTMENT OF PRIMARY &
      SECONDARY EDUCATION,
      GOVERNMENT OF KARNATAKA
      M.S.BUILDING,
      BANGALORE-560 001

2.    THE COMMISSIONER OF PUBLIC INSTRUCTIONS
      DEPARTMENT OF EDUCATION,
      NEW PUBLIC OFFICERS,
      NRUPATHUNGA ROAD,
      BANGALORE-560 001
                           5




3.   THE DEPUTY DIRECTOR OF PUBIC INSTRUCTIONS
     DAVANAGERE,
     DIST:DAVANAGERE-577 001

4.   THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
     HAVERI,
     DISTRICT:HAVERI-581 110

5.   THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
     DHARWAD,
     DISTRICT:DHARWAD-580 001
                                        ... RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA FOR R1 TO R5)

      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE FINAL COMMON ORDER DTD 20.11.2017 MADE IN
APPLICATION NOS.1223 TO 1408/2012 PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU
IN SO FAR AS IT RELATES TO THE PETITIONER HEREIN BEING
ARBITRARY, ERRONEOUS AND OPPOSED TO LAW EQUITY AND
JUSTICE VIDE ANNX-A AND ETC.

IN W.P. NOs.17738-17744/2018

BETWEEN

1.   SRI. G. T. MAHESWARAPPA
     S/O K THIPPAIAH,
     AGED ABOUT 58 YEARS
     WORKING AS ARTS TEACHER IN
     GOVERNMENT HIGH SCHOOL, B G KERE,
     MOLAKALMURU TALUK,
     CHITRADURGA DISTRICT
     R/AT BASAVESWARA NAGAR
     RAMPURA POST,
     MOLAKALMURU TALUK
     CHITRADURGA DIST 577540

2.   SMT CHANDAVARADA NAGARATHNAMMA
     W/O G CHANDRASHEKHARAPPA,
     AGED ABOUT 58 YEARS,
     WORKING AS ARTS TEACHER IN
     GOVERNMENT PRE UNIVERSITY COLLEGE
     CHIKKAGONDANAHALLI,
     CHITRADURGA TALUK
     CHITRADURGA DISTRICT
     R/AT NO 989/10, BEHIND K S R T C
                            6




     MATHRU CHAYA, DAVANAGERE 577002

3.   SMT S RUDRAMMA
     W/O OMKARAPPA
     AGED ABOUT 64 YEARS
     WORKING AS HINDI TEACHER IN GOVERNMENT PRE
     UNIVERSITY COLLEGE, JAVANAGONDANAHALLI,
     HIRIYUR TALUK CHITRADURGA DISTRICT
     R/AT NEHRU MYDANA
     NEAR VANIVILAS SCHOOL, HIRIYUR POST,
     CHITRADURGA DIST 577598

4.   SRI D DEVARAJU
     S/O DODDABHYRAPPA
     AGED ABOUT 58 YEARS
     WORKING AS HINDI TEACHER IN GOVERNMENT
     COMPOSITE PRE UNIVERSITY COLLEGE,
     DEVAPURA, HOSADURGA TALUK
     CHITRADURGA DIST
     R/AT MAHAVEERA LAYOUT
     BEHIND G C M SCHOOL
     DEVAPURA HOSADURGA TALUK
     CHITRADURGA DIST
     R/AT MAHAVEERA LAYOUT
     BEHIND G C M SCHOOL DEVAPURA
     HOSADURGA TALUK
     CHITRADURGA DISTRICT 577554

5.   SRI G N VEERABASAPPA
     S/O LATE NANDI BASAPPA
     AGED ABOUT 65 YEARS
     WORKING AS ARTS TEACHER IN GOVERNMENT
     HIGH SCHOOL M D KOTE,
     HIRIYURU TALUK CHITRADURGA DIST
     R/AT GONIWAD CAMP, MOTHI POST,
     DAVANAGERE TALUK DAVANAGERE DIST 577001

6.   SRI M SIDDAPPA
     S/O LATE MALIYAPPA
     AGED ABOUT 64 YEARS
     WORKING AS CRAFT TEACHER IN
     GOVERNMENT PRE UNIVERSITY COLLEGE,
     NARAYANAGONDANAHALLI,
     HOLALKERE TALUK CHITRADURGA DISTRICT
     R/AT MALENAHALLI POST,
     HOLALKERE TALUK CHITRADURGA DIST - 577526

7.   SRI N BASAVARAJA
     S/O G NAGAPPA
     AGED ABOUT 61 YEARS
                             7




     WORKING AS HORTICULTURAL CRAFT TEACHER IN
     GOVERNMENT HIGH SCHOOL
     KUNABEVU,
     CHITRADURGA TALUK CHITRADURGA DIST
     R/AT MASTUR POST,
     JAGALUR TALUK DAVANAGERE DIST 577528
                                       ... PETITIONERS
(BY SRI B S REDDY, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      BY ITS SECRETARY - II DEPARTMENT OF PRIMARY &
      SECONDARY EDUCATION
      GOVERNEMNT OF KARNATAKA
      M S BUILDING
      BANGALORE - 560001

2.    THE COMMISSIONER OF PUBLIC INSTRUCTIONS
      DEPARTMENT OF EDUCATION
      NEW PUBLIC OFFICERS,
      NRUPATHUNGA ROAD,
      BANGALORE - 560001

3.    THE DEPUTY DIRECTOR
      OF PUBLIC INSTRUCTIONS
      CHITRADURGA DISTRICT 577501

4.    THE HEAD MASTER
      GOVERNMENT HIGH SCHOOL
      B G KERE, MOLKALAMURU TALUK
      CHITRADURGA DISTRICT 577540

5.    THE PRINCIPAL
      GOVERNMENT PRE UNIVERSITY COLLEGE
      CHIKKAGONDANAHALLI,
      CHITRADURGA TALUK AND DISTRICT 577502

6.    THE VICE PRINCIPAL
      GOVERNMENT PRE UNIVERSITY
      JAVANAGONDANAHALLI,
      HIRIYUR TALUK CHITRADURGA DISTRICT 577598

7.    THE PRINCIPAL
      GOVERNMENT COMPOSITE PRE UNIVERSITY COLLEGE
      DEVAPURA HOSADURGA TALUK
      CHITRADURGA DISTRICT 577554

8.    THE HEAD MASTER
      GOVERNMENT HIGH SCHOOL M D KOTE,
                            8




      HIRIYUR TALUK
      CHITRADURGA DISTRICT 577598

9.    THE PRINCIPAL
      GOVERNMENT PRE UNIVERSITY COLLEGE
      NARAYANAGONDANAHALLI,
      HOLALAKERE TALUK
      CHITRADURGA DISTRICT 577526

10.  THE HEAD MASTER
     GOVERNMENT HIGH SCHOOL KUNABEVU,
     CHITRADURGA TALUK AND CHITRADURGA
                                     ... RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA)

      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE KSAT IN APPLICATION
NO.5101-107/2009 DTD:30.8.2017 WHICH IS AT ANNEXURE-D
DISMISSING THE APPLICATIONS BY ALLOWING THE WRIT
PETITION AS IT NECESSARY AND ETC.


IN W.P. NO.27246/2018

BETWEEN

SMT KAVERI B
D/O SRI B KRISHNA BHAT
R/O SRI DEVI KRUPA(NEAR KURCIGUDDA)
MODANKAP B
MOODA, BANTWAL TALUK
DAKSHINA KANANDA DISTRICT-574219
                                          ... PETITIONER
(BY SRI M V VEDAMURTHY, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      DEPT OF PRIMARY & SECONDARY EDUCATION
      GOVERNMENT OF KARNATAKA
      M S BUILDING
      DR AMBEDKAR VEEDHI
      BANGALORE-560001
      REP. BY ITS SECRETARY

2.    THE COMMISSIONER OF PUBLIC INSTRUCTIONS
      DEPARTMENT OF EDUCATION
                            9




     NEW PUBLIC OFFICES
     NRUPATHUNGA ROAD
     BANGALORE-560001

3.   THE DEPUTY DIRECTOR OF PUBLIC
     INSTRUCTIONS
     DAKSHINA KANNADA DISTRICT-576329
                                        ... RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER DATED 20.11.2017 AT ANNEX-C PASSED IN
APPLICATION NO. 6585/2012 DISMISSING APPLICATION NO.
6585/2012 FILED BY THE PETITIONER AND ETC.

IN W.P. NOs.30362-30378/2018

BETWEEN

1.   SMT. M L VIJAYALAKSHMI
     AGED ABOUT 52 YEARS
     W/O RAMAMURTHY,
     WORKING AS MUSIC TEACHER IN GGIC, KOLAR
     R/AT PALASANDRA LAYOUT,
     1ST CROSS, KOLAR 563126

2.   SRI. RAMASWAMY
     AGED ABOUT 59 YEARS
     S/O SRI. KRISHNAPPA,
     WORKING AS TEACHER IN GOVERNMENT PRE
     UNIVERSITY COLLEGE FOR GIRLS,
     HIGH SCHOOL SECTION,
     ROBERTSONPET, KGF,
     R/AT NO.61, 7TH CROSS,
     CHOWDESHWARI MILK DAIRY ROAD,
     DASARAHOSAHALLI,
     BEML NAGAR (PO), KGF 563115

3.   SRI.N.VENKATESHAPPA
     AGED ABOUT 56 YEARS,
     S/O SRI. NARAYANAPPA,
     WORKING AS TEACHER IN GOVERNMENT PRE-
     UNIVERSITY COLLEGE FOR BOYS, ROBERTSONPET,
     KGF, KOLAR DISTRICT,
     R/AT KORAHALLI VIA SB HALLI POST,
     KOLAR TALUK AND DISTRICT 563126
                           10




4.   SRI.M.S.HEMANTHKUMAR
     AGED ABOUT 56 YEAR
     S/O SRI. M SRINIVASALU,
     WORKING AS TEACHER IN GOVERNMENT
     HIGHER PRIMARY SCHOOL,
     DK HALLI, KGF RANGE,
     KOLAR DISTRICT,
     R/AT NO.2447, 1ST MAIN,
     VIVEKANANDANAGAR,
     BANGARPET-563114
     KOLAR DISTRICT

5.   SRI.V. CHOWDA REDDY
     S/O SRI. VENKATARAMANA,
     AGED ABOUT MAJOR YEARS,
     WORKING AS TEACHER IN GOVERNMENT
     HIGH SCHOOL,
     DODDAGANAJOOR, CHINTAMANI TALUK
     KOLAR DISTRICT
     R/AT HOSAHUDYA YEGAVAKOT POST,
     CHINTAMANI TALUK
     KOLAR DISTRICT

6.   SRI. MRUTHYUNJAYAPPA
     AGED ABOUT 55 YEARS
     S/O SRI. HUCHAPPARADHYA,
     WORKING AS TEACHER IN GOVERNMENT
     GIRLS JUNIOR COLLEGE,
     BANGARPET-563114
     KOLAR DISTRICT,
     R/AT NO.1342, VIJAYANAGAR, I CROSS,
     BANGARPET-563114
     KOLAR DISTRICT

7.   SRI.S.K. MALLEGOWDA
     AGED ABOUT 59 YEARS,
     S/O LATE SRI. KAKANNA,
     WORKING AS TEACHER IN
     GOVERNMENT JUNIOR COLLEGE,
     MADANAHALLI CROSS, VELABABURRE POST,
     KOLAR TALUK AND DISTRICT
     R/AT SOMANAHALLI, VOKKALERI POST,
     KOLAR TALUK AND DISTRICT 563126

8.   SRI.M.AMARANATHA REDDY
     AGED ABOUT 57YEARS,
     S/O SRI.C. MUNIREDDY,
     WORKING AS TEACHER IN GOVERNMENT
     HIGH SCHOOL
     BLAMANDE, BANGARPET TALUK,
                              11




      KOLAR DISTRICT

      R/AT P.S.HALLI VILLAGE,
      KETHAGANAHALLI POST,
      KAMASAMUDRAM,
      BANGARPET TALUK,KOLAR DISTRICT 563114

9.    SRI. ANANTHAPADMANABHA
      AGED ABOUT 57YEARS,
      S/O LATE SRI.P. SATHYANARAYANA IYER,
      WORKING AS TEACHER IN
      GOVERNMENT HIGH CHOOL,
      BALAMANDA, BANGARPET TALUK
      KOLAR DISTRICT,
      R/AT NO.523, GURUKRUPA,
      2ND CROSS, 2ND MAIN,
      OLD TILES FACTORY EXTENSION,
      KOLAR-563101

10.   SRI.N. GANGADHARA
      AGED ABOUT 53 YEARS,
      S/O SRI. NARAYANAPPA,
      WORKING AS TEACHER IN GOVERNMENT HIGHSCHOOL,
      SATHEKALLAHALLI POST,
      CHINTAMANI TALUK
      CHIKKABALLAPURA DISTRICT
      R/AT C/O M.N.VENKATA REDDY HOUSE,
      MALAPPALLI, CHINTAMANI TOWN,
      CHIKKABALLAPURA DISTRICT 562101

11.   SRI. ASHWATHANARAYANA
      AGED ABOUT 58 YEARS,
      S/O SRI. CHIKKANARASIMHAIAH,
      DODDAVALLAHABBI POST,
      KOLAR TALUK AND DISTRICT-563101
      R/AT C/O NARAYANA SWAMY,
      SRIKARA NILAYA, JAYANAGAR 8TH CROSS,
      KOLAR-563101

12.   SRI.N.GOPALAKRISHNA
      AGED ABOUT 63 YEARS,
      S/O SRI. NARAYANAPPA,
      WORKING AS TEACHER IN GOVERNMENT HIGH SCHOOL
      NAYAKARAHALLI BILLAGE,
      KOLAR TALUK AND DISTRICT,
      R/AT NAYAKARAHALLI BILLAGE,
      KOLAR TALUK AND DISTRICT-563126

13.   SRI. R.LAKSHMIPATHI
      AGED ABOUT 61 YEARS,
                           12




      S/O SRI.R. RAMAKRISHNA SHETTY,
      R/AT BUDIKOTA VILLAGE AND POST,
      BANGARPET TALUK, KOLAR DISTRICT 563114

14.   SRI.B.N.CHIDANANDA
      AGED ABOUT 56 YEARS,
      S/O LATE SRI.B.V.NANJUNDA GOWDA,
      R/AT BANAKANA HALLI POST,
      KOLAR,KOLAR DISTRICT 563126

15.   SRI. RAMAMURTHY
      AGED ABOUT 48 YEARS,
      S/O LATE SRI. APPAIAH SWAMY
      MURTHY EXTENSION, 2ND STAGE,
      LAKSHMI VENKATESHWARA NILAYA,
      BRAMHAKUMARI ROAD,
      NEAR ARLERI ROAD,MALUR,
      KOLAR DISTRICT 563126

16.   SRI.M.SUBRAMANYA
      AGED ABOUT MAJOR YEARS,
      S/O SRI. MUNIYAPPA,
      R/AT THIMMANAYAKANAHALLI VILLAGE,
      MULBAGAL TOWN, KOLAR DISTRICT 563131

17.   SRI. AFSAR AHMED
      AGED ABOUT 61 YEARS,
      S/O MOHAMMED MUSTAF,
      TYALUR POST, MULBAGAL TALUK
      KOLAR DISTRICT 563126
                                         ... PETITIONERS
(BY SRI NAGARAJAPPA A, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      BY ITS SECRETARY-II,
      DEPARTMENT OF PRIMARY AND
      SECONDARY EDUCATION,
      GOVERNMENT OF KARNATAKA,
      M.S.BUILDING, BANGALORE-01

2.    THE COMMISSIONER OF PUBLIC INSTRUCTIONS
      DEPARTMENT OF EDUCATION,
      NEW PUBLIC OFFICES,
      NRUPATHUNGA ROAD,
      BANGALORE-01

3.    THE DEPUTY DIRECTOR OF
      PUBLIC INSTRUCTIONS,
                               13




      KOLAR DISTRICT-563101

4.    THE DEPUTY DIRECTOR OF
      PUBLIC INSTRUCTIONS
      HAVERI DISTRICT-581110

5.    THE DEPUTY DIRECTOR OF
      PUBLIC INSTRUCTIONS
      HASSAN DISTRICT-573201

6.    THE DEPUTY DIRECTOR OF
      PUBLIC INSTRUCTIONS
      SHIMOGA DISTRICT-577201

7.    THE DEPUTY DIRECTOR OF
      PUBLIC INSTRUCTIONS
      RAMANAGARA DISTRICT-571511

8.    THE DEPUTY DIRECTOR OF
      PUBLIC INSTRUCTIONS
      DAKSHINA KANNADA DISTRICT-576329

9.    THE DEPUTY DIRECTOR OF
      PUBLIC INSTRUCTIONS
      UTTARA KANNADA DISTRICT 581355

10.   THE DEPUTY DIRECTOR OF
      PUBLIC INSTRUCTIONS
      KARWAR DISTRICT-581301
                                        ... RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA FOR R1 TO R5)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD:20.11.2017 PASSED IN A NO.1223 TO
1408/2012 [ANNEXURE-D] PASSED BY THE HON'BLE
KARNATAKA ADMINSITRATIVE TRIBUNAL, BENGALURU AND
ETC.

IN W.P. NOs.40505-40509/2018

BETWEEN

1.    CHANDRASHEKARACHAR
      S/O LASKHMANACHAR
      AGED ABOUT 63 YEARS,
      PHYSICAL AND ED. INSTRUCTOR
      O/O GOVT JUNIOR COLLEGE
                           14




     TAVAREKERE
     TQ:CHANNAGIRI
     DIST:DAVANAGERE-577005
     (SHOWN AT S.NO.4 IN THE JUDGEMENT OF KAT)

2.   RAMANNA BEERAPPA VAIYYALI
     S/O BEERAPPA VAIYYALI
     AGED ABOUT 68 YEARS,
     HINDI TEACHER
     WORKING G H S HUVINASHGLI
     TQ:SAVANUR
     DIST:HAVERI-581104
     (SHOWN AT S. NO.69 IN THE JUDGMENT OF KAT)
     NOT CLAIMED BENEFIT OF SENIOR CITIZEN

3.   SUSHILA KALLAPPA KAMADOLLI
     D/O KALLAPPA KOMODALLI
     AGED ABOUT 61 YEARS,
     TEACHER
     GOVT SCHOOL ATTIGERI
     SHIGGHAV TALUK
     DIST:HAVERI
     R/A SHIRUR POST-581113
     KUNDAGOLA TALUK
     DHARAWAD DISTRICT
     (SHOWN AT SL NO.91 IN THE JUDGEMENT OF KAT)

4.   SRI CHANDRAPPA B
     S/O SIDDAPPA
     AGED ABOUT 59 YEARS,
     TEACHER, GOVT GIRLS HIGH SCHOOL
     NALLIRI, CHENNAGIRE TALUK
     DAVANAGERE DISTRICT
     R/A KAGINELE POST
     SHIKARIPUR TALUK-577427
     SHIVAMOGGA DISTRICT
     (SHOWN AT SL NO.3 IN THE JUDGMENT OF KAT)

5.   N M JAYAPRAKASH
     S/O N M SHANTHAVEERAIAH
     AGED ABOUT 60 YEARS,
     GOVERMENT HIGH SCHOOL
     KABBUR POST-581110
     RAMAGONDANAHALLI
     DAVANAGERE DISTRICT & TALUK
     (SHOWN AT SL NO.60 IN THE JUDGMENT OF KAT)
                                         ... PETITIONERS
(BY SRI S P KULKARNI, ADVOCATE)
                           15




AND

1.    THE STATE OF KARNATAKA
      BY SECRETARY-II
      DEPARTMENT OF PRIMARY & SECONDARY
      EDUCATION GOVERNMENT OF KARNATAKA
      M S BUILDING
      BANGALORE-560001

2.    THE COMMISSIONER OF PUBLIC INSTRUCTIONS
      DEPARTMENT OF EDUCATION
      NEW PUBLIC OFICERS
      NRUPATHUNGA ROAD
      BANGALORE-560001

3.    THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
      DAVANAGERE
      DISTRICT:DAVANAGERE-577001

4.    THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
      HAVERI
      DISTRICT:HAVERI-581110

5.   THE DEPUTY DIRECTOR OF PUBLIC INSTRUCITONS
     DHARWAD
     DISTRICT:DHARWAD-580001
                                        ... RESPONDENTS
(BY SRI I THARNATH POOJARY, AGA FOR R1 TO R5)

      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE FINAL COMMON ORDER DTD: 14.3.2018 MADE IN
APPLICATION NOS.604-94/2018 PASSED BY THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN SO FAR AS
IT RELATES TO THE PETITIONERS HEREIN BEING ARBITRARY,
ERRONEOUS AND OPPOSED TO LAW, EQUITY AND JUSTICE
(ANNEXURE-A) AND ETC.

      THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, NARAYANA SWAMY J, MADE
THE FOLLOWING:
                            16




                        ORDER

The principal prayer made by the petitioners is that the services rendered by them prior to the absorption will have to be taken into consideration for the purpose of seniority, leave and pension.

2. Learned counsel for the petitioners submits that non-consideration of the prayer by the Tribunal is arbitrary. On the other hand, learned counsel for the respondents submits as per Section 4 of the Recruitment Rules, 2006 specifically provides that service cannot be taken into account. Hence, he justifies the impugned order.

3. In the facts and circumstances, the learned counsel submitted that in similar cases, a direction has been issued to consider the case of the petitioners for computing the past services for the purpose of seniority, leave and pension.

4. In the light of the above, these petitions are disposed of directing the respondents to consider the case of the petitioners to compute the past service for 17 the purpose of seniority, leave and pension and pass appropriate order within a period of six months from today. All contentions on merit are kept open.

Sd/-

JUDGE Sd/-

JUDGE KLY/